Bill Text: CA SB1398 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: consumer notices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-13 - Chaptered by Secretary of State. Chapter 308, Statutes of 2022. [SB1398 Detail]
Download: California-2021-SB1398-Amended.html
semiautonomous driver assistance partial driving automation feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner
with a notice that provides the name of each feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information.
Bill Title: Vehicles: consumer notices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-13 - Chaptered by Secretary of State. Chapter 308, Statutes of 2022. [SB1398 Detail]
Download: California-2021-SB1398-Amended.html
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Amended
IN
Senate
May 02, 2022 |
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Amended
IN
Senate
March 14, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1398
| Introduced by Senator Gonzalez |
February 18, 2022 |
An act to add Section 24011.5 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1398, as amended, Gonzalez.
Vehicles: consumer notices.
Existing law requires any new motor vehicles sold in the state to have certain notices to the consumer either affixed to the vehicle or provided to the buyer.
Existing law regulates autonomous vehicles equipped with technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. Under existing law, this does not include collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
This bill would require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a semiautonomous driver assistance partial driving automation feature, as defined, or that provides any software update or vehicle upgrade that adds a semiautonomous driver assistance partial driving automation feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.
Any violation of these
requirements would be punishable as an infraction.
The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, or marketing these features, as specified.
Any violation of these requirements would be punishable as an infraction.
By creating a new infraction, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a
specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 24011.5 is added to the Vehicle Code, to read:24011.5.
(a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance
partial driving automation feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.
(c)As used in this section, a “semiautonomous driver assistance feature” means a vehicle system or
feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
(c) As used in this section, “partial driving automation feature” means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to
monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events.
(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.
